What Legal Risks Exist for Parents Supplying Gel Blasters to Kids?

Gel blasters, also known as hydro blasters or gel ball blasters, have become an increasingly popular toy among children in recent years. However, many parents may be unaware of the potential legal risks associated with providing these toy guns to their kids. While gel blasters are not technically considered firearms in most jurisdictions, parents should educate themselves on the possible dangers before making gel blasters available in their homes.

With the rising popularity of gel blasters comes increased concern over their potential misuse and the safety of children. While gel blasters may seem like harmless, colorful toys, they can cause injuries or lead to encounters with law enforcement if used recklessly. By educating themselves on the possible legal risks, parents can make more informed decisions about whether to provide gel blasters to their kids in the first place.

Why Gel Blasters Raise Safety Concerns?

Gel blasters utilize compressed air or spring pressure to shoot small hydrogel beads out of a nozzle at high speeds. When used properly, they are a fun and safe toy. However, many aspects of their design and operation make them concerning from a safety perspective:

• Realistic appearance – Gel blasters often closely resemble real firearms, making it easy to mistake them for a real gun. Most lack the brightly colored markings that help identify toy guns.
• Risk of injury – Gel beads can cause bruising, welts or even eye injuries if shot at high velocities and at close range. This is especially concerning if aimed at the face or unprotected skin.
• Misuse potential – Like any toy, gel blasters can be misused to intentionally or recklessly harm others. Their resemblance to real guns also raises concerns about threatening behavior.

While gel blasters are not classified as firearms in most states when used reasonably, these factors mean parents should carefully consider both physical and legal risks before providing them to children. Responsible adult supervision is a must.

Can Parents Face Legal Charges for Providing Gel Blasters?

Simply buying a gel blaster as a gift for your child does not automatically make you liable. Issues generally only arise if a child is improperly supervised while using a gel blaster unsafely or illegally. In these cases, both the child and parent can potentially face anything from criminal charges to personal injury lawsuits.

Some ways parents can be considered negligent or legally accountable include:

• Allowing unsupervised use, especially in public areas
• Permitting dangerous behavior like aiming at faces or cars
• Failing to educate kids about proper operation and safety
• Not safely storing the gel blaster when not in use
• Providing it to a child too young to use it appropriately
• Allowing modification into a dangerous form
• Ignoring signs of misuse or threatening behavior

While most liability concerns relate to injuries, property damage or criminal acts committed with an improperly used gel blaster, legal consequences can also arise if a child carries one in public or waves it in a threatening manner.

Key Legal Risks to Consider Before Providing Gel Blasters

While exact laws vary between states, below are some of the primary legal risks parents should be aware of:

Mistaken as a Real Firearm

One of the most serious risks is the gel blaster being mistaken for a real gun, prompting a forceful law enforcement response. Police may have no choice but to assume a perceived firearm is real for their own safety.

This poses grave risks to the child themselves if they fail to immediately comply with officer commands. It can also create legal liability for the parent for allowing their child to carry a lookalike firearm in public.

Injury Liability

If a child fires a gel blaster at another person and injures them, either intentionally or unintentionally, the parents can potentially be sued in civil court by the injured party.

Common injuries like welts and bruising may lead to claims of assault, battery or infliction of emotional distress. Serious eye injuries could result in lawsuits seeking significant damages from the parents.

Property Damage

Misuse of a gel blaster could also lead to criminal or civil charges if property is damaged, like a car window being shattered. The parent may be considered liable for any harm resulting from failure to properly secure or monitor use of the gel blaster.

Reckless Endangerment

Unsafe use of a gel blaster, like firing at moving vehicles or in highly public areas, can potentially lead to charges for reckless endangerment or negligent use of a deadly weapon. While gel blasters themselves are not deadly, threatening or unsafe use can create criminal liability.

Contributing to the Delinquency of a Minor

Parents can be charged with contributing to the delinquency of a minor or corruption of minors if they enable or ignore clear misuse of a gel blaster by their child. This includes allowing threatening behavior, intentional harm of others or unsafe operation.

Penalties for these charges vary but can include fines or even jail time in severe cases that involve criminal acts by the child.

Steps Parents Can Take to Reduce Legal Risks

While legal risks do exist, parents can take proactive steps to properly supervise use of gel blasters and minimize potential issues:

• Research local laws – Be aware of any state or city ordinances regarding gel blaster possession and use. Follow all transportation, licensing and use regulations.
• Establish household rules – Set clear guidelines for where, when and how gel blasters can be used. Prohibit any unsafe handling, modifications or public brandishing.
• Educate kids on safe use – Teach proper operation, protective gear requirements and safe target practices. Emphasize that gel blasters are not toys to scare or harm others.
• Provide protective gear – Eye protection, closed toe shoes and thick clothing can help prevent many potential injuries resulting from gel blaster misuse.
• Supervise playtime – Always directly monitor children and intervene immediately if any unsafe or threatening behavior occurs.
• Secure storage – Gel blasters should be locked away when not in use to prevent unauthorized access and potential misuse without your knowledge.

While gel blasters can be fun, following these precautions helps minimize risks of legal liability for parents providing them in the home. Responsible supervision and adherence to all laws is key. With adequate care and training, gel blasters can be safely enjoyed under parental oversight.

Frequently Asked Questions

Can you get in trouble for gel blaster?

Yes, both parents and children can face legal consequences if gel blasters are used recklessly or cause injury. Potential charges depend on exactly how and where the gel blaster is misused.

Are gel blaster safe for kids?

Gel blasters can be safe if used properly under adult supervision. However, potential for injury and misuse does exist. Parents should educate kids on safe handling, provide protective gear and closely monitor play.

Are gel blasters legal?

It depends on the jurisdiction. While not classified as firearms federally, some states and cities prohibit possession or use. Other areas may have age restrictions or safety regulations. Research your local laws.

How old do you have to be to have a gel blaster?

There is no universal age minimum, but most manufacturers recommend gel blasters only for ages 14 and up. Parents should use discretion based on their child’s maturity level and ability to follow safety rules. Younger kids should have close adult supervision.

The Bottom Line

Providing toy gel blasters to children comes with some inherent risks. However, parents can take steps to minimize dangers through proper education, training and supervision. Understanding the legal implications allows parents to make informed decisions about if and how to permit gel blasters for their kids. With reasonable precautions, gel blasters can be enjoyed safely. But disregarding safety protocols can quickly lead to tragic outcomes for all involved.